Background:
Carmen Leslie Bevan, the appellant, filed claims against Aaron Walter Husak and Cody Wyatt Stibbard. Bevan alleged Husak made fraudulent misrepresentations, causing harm to her and her daughter Katelin, resulting in emotional distress.

Legal Issues:

• Fraudulent Misrepresentation: Bevan accused Husak of lying about his identity and intentions to gain access to Katelin. Husak falsely claimed to be a responsible adult supervising Katelin, after which she was allegedly sexually victimized. The lower court dismissed the claim, citing the need for a commercial context, but the Court of Appeal held that fraudulent misrepresentation doesn’t require a commercial relationship and reinstated the claim.
• Negligent Infliction of Mental Distress: Bevan also claimed severe emotional suffering from the incident. The lower court struck this claim, stating Bevan lacked proximity as she didn’t witness the assault. The Court of Appeal, however, found Bevan’s emotional harm could support a claim for negligent infliction of mental distress, given the tragic circumstances.

Court Decision:
The Court of Appeal reversed the lower court’s decision, reinstating both claims.

Costs/Award:
No specific costs or award were mentioned, but Bevan sought various damages.